Congress Passes Controversial Bill Banning Abortions After 20 Weeks

On Wednesday, the House of Representatives passed a bill banning abortions after 20 weeks of pregnancy in a 242-184 vote. The bill, championed by Republicans and called the Pain-Capable Unborn Child Protection Act, was initially supposed to go to vote back in January on the anniversary of Roe v. Wade, but that vote was canceled when at least two GOP congresswomen argued against it. Rep. Renee Ellmers (N.C.) was one of the women who initially withdrew her name from the bill, reportedly stating in a private meeting that it could alienate young female voters. She also took issue with a part of the original bill that made it mandatory for rape victims to report their assault to the police before being eligible for an abortion after 20 weeks of pregnancy.

The requirement to report sexual assault was eventually taken out and was not part of the bill that passed yesterday. But another troubling measure now stands in its place: The revised bill states that a rape victim is eligible for an abortion after 20 weeks only if she sought out counseling and/or medical treatment within 48 hours of undergoing the procedure—a measure that puts undue stress on women to make multiple trips to doctors' offices. The only other exemptions from the ban are when an abortion is necessary to save the life of a pregnant woman, or in cases of rape or incest when the victim is a minor. For the latter, the crime still has to be reported to law enforcement.

Reps. Ellmers and Jackie Walorski (Ind.), who had also opposed parts of the original legislation, voted in favor of the bill on Wednesday. Four male Republicans voted against it, however: Reps. Charlie Dent (Pa.), Bob Dold (Ill.), Rodney Frelinghuysen (N.J.), and Richard Hanna (N.Y.). All but four Democrats opposed the bill.

According to Planned Parenthood, terminating a pregnancy after 21 weeks is extremely rare—nearly 99 percent of abortions happen before then. And typically, abortions later in pregnancy come about not because women are thoughtless and "forgot"—a point which should be obvious—but because they are faced with extremely difficult news. Cecile Richards, president of Planned Parenthood Action Fund, slammed the House's decision, saying that abortion later in pregnancy "often happens under very complex circumstances—the very kind of circumstances where a woman and her doctor need every medical option available to them."

During a press call with Planned Parenthood Action Fund, NARAL Pro-Choice America, and the American Congress of Obstetricians and Gynecologists on Wednesday morning, Christie Brooks, a married, stay-at-home mother of two, shared her experience of undergoing an abortion later in her pregnancy. "At my routine 20-week ultrasound, my husband and I were given the shocking news that something was wrong," said Brooks. "The very next day I was sent for a high-resolution scan with a maternal fetal medicine specialist. We were told that our baby girl had a serious birth complication called Congenital Diaphragmatic Hernia." The condition had caused the stomach, intestines, and liver to move into the chest cavity. "Most babies born with this condition require major surgical interventions; otherwise they are unable to breathe on their own," she said. After researching the options, Brooks and her husband decided to end the pregnancy.

"I was two days shy of 22 weeks," said Brooks, who now moderates an online message board for women who ended pregnancies for medical reasons. "This was the right choice for me and my family, and I have never regretted my decision."

Hillary Clinton's campaign released a statement after the bill was passed, delivered by Clinton's senior policy adviser, Maya Harris. "This bill is a direct challenge to Roe v. Wade, which has protected a woman's constitutional right to privacy for over 40 years," said Harris. "The bill puts women's health and rights at risk, undermines the role doctors play in health care decisions, burdens survivors of sexual assault, and is not based on sound science." Clinton also tweeted the following messages:

Sen. Barbara Boxer (D-Calif.), a longtime advocate for women's rights and reproductive health, said in a release, "The GOP's latest abortion ban will re-victimize survivors of rape and incest by assuming they are lying and creating unconscionable barriers to care. It offers no health exception and no help to women facing cancer, kidney failure, blood clots, or other tragic complications during their pregnancies. This bill is an insult to rape and incest survivors, to pregnant women facing a health crisis, and to women everywhere."

Currently, 10 states ban abortion at 20 weeks post-fertilization or roughly 22 weeks after the woman's last period, reports the Guttmacher Institute. Twelve states 12 states disregard Roe v. Wade and ban later abortions altogether, except in cases when the pregnant woman's health is at risk. And in nine states, it is required that a second physician confirm that the abortion is "medically necessary."